RFE for I-864

[BK Blake 1]

Hey everyone, hope you all are having a great evening. I just received an RFE on my wife's AOS case and had a couple questions in regards to it. Our PD date is March 2nd and the RFE for the I-864 was sent out on March 17th. I have not receive the letter in the mail, I just noticed it by signing into my wife's USCIS account. For the I-864 I submitted the correct and up to date filled out I-864, along with my 2021 IRS tax transcript, a letter from my employer stating how much I make, last 6 months of pay stubs, assets and proof of ownership, and finally a copy of my birth certificate. This is what the RFE states 

 

"Based on the documents submitted, we could not determine that the petitioning sponsor on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125 percent of the federal poverty guideline for the sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines. If the petitioning sponsor's income does not meet 125 percent of the federal poverty guideline for their household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a joint sponsor (or a different joint sponsor), you will need to: Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date. Provide the joint sponsor's Social Security Number on Form I-864. Provide a complete and correctly calculated household size on Form I-864. Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax U.S. Department of Homeland Security U.S.  www.uscis.gov documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year. Submit evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent Resident. The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" line from IRS Schedule C or C-EZ. If the petitioning sponsor or the joint sponsor is unable to meet the income requirements, they may qualify based on the cash value of their significant assets. Assets must equal the stated difference between the sponsor’s income and 125 percent of the federal poverty guideline for the sponsor’s household size. Assets must equal the difference for applicants filing as orphans. Assets must equal three times the difference for a spouse or child of a United States citizen. Assets must equal five times the difference for all others. Acceptable evidence of assets: Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance; Evidence of ownership, value, and dates acquired of stocks, bonds, and certificates of deposit; Evidence of ownership, value/equity, and dates acquired of other personal property; Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgage/lien or lien release of any real estate, and dates acquired. For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information."

 

Here are a couple of reasons on why I think I got a RFE and I was wondering if any one could confirm if these thoughts are true. 

My first thought is that I sent a copy of my 2021 IRS tax return transcripts and not my 2022 ones. I did not have these available to me when we submitted our AOS packet so I sent what I had. However, my 2022 IRS tax transcripts are now available. 

My second thought about why I received an RFE for my I-864 is that I did not make enough money to pass the poverty limits. My 2021 IRS tax transcripts show that I only made around $18,000. I was in school in 2021 and 2022 and landed my real job in August of 2022. However, I sent in a letter from my employer stating how much I make a year (70k) and my pay stubs from my last 6 months which showed that I made around 46k in the last 6 months. My 2022 IRS tax transcript has my total wages around 32k. I also submitted my assets (stocks and bank account) which along with my 18k on my 2021 IRS tax returns should have jumped me over the limit. 

I personally think we got an RFE for reason number 1 but would love your thoughts. 

 

Secondly, how do we respond to this RFE? Do we just mail in a new filled out I-864 to the office we received the RFE from? It mentions something about uploading the documents online if applicable via my wife's USCIS account, but I feel more comfortable mailing it in. Also, it is okay if we send it on before we get the physical copy of the RFE?

 

And my third question is, is this a really fast RFE? They only got our case on March 2nd and the RFE was uploaded on March 17th. That seems really quick to me. 

Would love to hear all of your thoughts. Thank you so much. I appreciate it. Have a wonderful start to your weekend. 

 

[Rocio0010 5,562]

Get a joint sponsor

[BK Blake 1]

4 hours ago, Rocio0010 said:

Get a joint sponsor

@Rocio0010but why? My 2022 tax returns show an adjusted gross income of 31k which is over the poverty limit. I also have a letter from my employer stating how much I make with 6 months of pay stubs to prove it. You think we were sent RFE cause I didn't make enough? My assets would have taken me over the poverty limit easily with the adjusted gross income from my 2021 returns. 

[Rocio0010 5,562]

1 hour ago, BK Blake said:

@Rocio0010but why? My 2022 tax returns show an adjusted gross income of 31k which is over the poverty limit. I also have a letter from my employer stating how much I make with 6 months of pay stubs to prove it. You think we were sent RFE cause I didn't make enough? My assets would have taken me over the poverty limit easily with the adjusted gross income from my 2021 returns. 

Fair warning: you’ll receive divided opinions in here, some would say that current income+ assets  is enough. But that’s the thing: you’ve already sent those and they still sent you an RFE. 
And no, it’s not because you didn’t send the IRS tax return transcript because taxes are not due until April 18, and they know that.

 

Therefore, just sending what you have plus the 2022 tax return transcript is not going to cut it imho. 
 

On the other hand, I like peace of mind and simplicity. Therefore, I wouldn’t send what I have already sent, because I know they’re not happy with it.

[BK Blake 1]

@Rocio0010Thank you for the responses, I really appreciate it. Hmm, so weird to me. Like I get it there are guidelines in place and they can request for more evidence whenever they feel necessary, but I met their guidelines. 

Could the RFE be because of an incomplete application? I just realized this morning that I checked the box for filing my last three years of taxes but I left the boxes empty that ask for the amount. Could this be the issue for the RFE? Just found out this morning about this mistake I made. Can I reply to this RFE by filling out the forms and updating to my 2022 tax transcript and then use a joint sponsor? Would that be okay? 

Again, thank you so much for your help. 

[Family 3,478]

11 hours ago, BK Blake said:

For the I-864 I submitted the correct and up to date filled out I-864, along with my 2021 IRS tax transcript, a letter from my employer stating how much I make, last 6 months of pay stubs, assets and proof of ownership, and finally a copy of my birth certificate. This is what the RFE states 

The issue is most likely in some error in completing the I-864, because you qualify based on $70 K current income and adequately documented it w Job Letter and 6 mo paystubs. 
 

You do not need a Joint Sponsor, and if you cannot decipher where you made the mistake on the form, it is sufficient to do a response to RFE , spell out the income and supporting evidence , as filed at submission. 
 

Only one ( most current)  year of taxes is required, so don’t even stress about getting 3 years…no matter what the internet says.

 

 

[BK Blake 1]

@Familybut now I'm nervous that if I refill out the I864 and respond to the RFE that they may issue me a NOID. Only error that I can think of is that I checked the box that I filed taxes the last 3 years but didn't include the amounts in the boxes. I only submitted my 2021 IRS tax return transcript but will change it to my 2022 one this time around. 

Along with the 864, I submitted my birth certificate, 6 month pay stubs, letter from employer, and 2021 IRS tax return transcript. Am I missing anything? Was I supposed to send ID with it? 

[Rocio0010 5,562]

11 minutes ago, BK Blake said:

@Familybut now I'm nervous that if I refill out the I864 and respond to the RFE that they may issue me a NOID. Only error that I can think of is that I checked the box that I filed taxes the last 3 years but didn't include the amounts in the boxes. I only submitted my 2021 IRS tax return transcript but will change it to my 2022 one this time around. 

Along with the 864, I submitted my birth certificate, 6 month pay stubs, letter from employer, and 2021 IRS tax return transcript. Am I missing anything? Was I supposed to send ID with it? 

I think @Family has a very valid point too, it might be an issue with the household size. You might not need a joint sponsor, but if you can’t identify the issue it might just be easier to do it that why. 
 

With regards to the documentation you’ve submitted, it seems to be enough. 
 

What’s your household size? Do you have any dependents on your taxes?

[Family 3,478]

21 minutes ago, BK Blake said:

Familybut now I'm nervous that if I refill out the I864 and respond to the RFE that they may issue me a NOID. Only error that I can think of is that I checked the box that I filed taxes the last 3 years but didn't include the amounts in the boxes. I only submitted my 2021 IRS tax return transcript but will change it to my 2022 one this time around. 

Along with the 864, I submitted my birth certificate, 6 month pay stubs, letter from employer, and 2021 IRS tax return transcript. Am I missing anything? Was I supposed to send ID with it? 

If your current income based on employment letter and 6 mo of paystubs is $70K, then you do not need assets or a Joint Sponsor and can even do an I-864 EZ if your W-2 for 2022 shows enough qualifying income. 
Otherwise, spend a bit of time reviewing the copy of submitted I-864 to identify issue. You can upload redacted photo here and I am sure you will get helpful responses.

 

I cannot take your fears away ..but unless you are confident in your own I-864 prep…I would be concerned on how you draft a Joint Sponsor’s form.

[Rocio0010 5,562]

3 hours ago, BK Blake said:

Can I reply to this RFE by filling out the forms and updating to my 2022 tax transcript and then use a joint sponsor? Would that be okay? 

I would make a draft form of your response and upload it here, blurring out personal identifying information. Just make sure that the household size is correct.

[BK Blake 1]

@family @Rocio0010 I'm currently at work and won't be home till late, but tomorrow I will refill out the form and if you guys don't mind, can I have you each review it for errors? I felt fairly confident filling it out the first time, but I guess not haha. 

Household size should be 2. It's just my wife and myself. 

[mytruelove18 607]

5 hours ago, BK Blake said:

@Rocio0010Thank you for the responses, I really appreciate it. Hmm, so weird to me. Like I get it there are guidelines in place and they can request for more evidence whenever they feel necessary, but I met their guidelines. 

Could the RFE be because of an incomplete application? I just realized this morning that I checked the box for filing my last three years of taxes but I left the boxes empty that ask for the amount. Could this be the issue for the RFE? Just found out this morning about this mistake I made. Can I reply to this RFE by filling out the forms and updating to my 2022 tax transcript and then use a joint sponsor? Would that be okay? 

Again, thank you so much for your help. 

Dont send 3 years, just send 2022.

And yes any  error on i-864 can generate a rfe.